Indiana Construction Accident Attorney
Construction is one of the most popular and most dangerous industries across the United States. It is extremely high-risk when it comes to the number of injuries and fatalities sustained on the job. Behind mining and agriculture, construction comes in third for the rate of deaths that were caused by an injury on the job.
Some of the most common reasons behind construction accidents in Indiana include electrocution, machinery misuse or malfunction, carbon monoxide poisoning, falling from a high location, scaffolding, motor vehicle crashes, forklift injuries, and being struck by falling items. Although construction sites are dangerous in and of themselves, supervisors and managers of a construction site have a responsibility to all employees to protect them by maintaining a safe working environment and providing appropriate safety gear to minimize the chance of an accident to begin with.
When an employer or supervisor has failed to do provide for a safe working environment, and injuries are sustained as a result, the injured construction worker may be able to file a third-party claim, or trigger a workers’ compensation claim. The Occupational Safety and Health Administration, for example, has specific regulations associated with drinking water, disposal chutes, cranes, concrete and masonry construction, confined spaces, steel erection and explosives.
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When is My Employer Responsible for My Injuries?
If your employer has failed to follow relevant safety guidelines, or a piece of construction machinery malfunctioned and severely hurt you or killed your loved one, you may be entitled to file a construction accident injury claim.
Any employers working at construction sites should purchase a workers’ compensation policy through an insurance provider. These insurance policies absorb the financial risk if an employee chooses to pursue a claim against the company.
However, employees are still eligible to file lawsuits against a third party in the event of an injury if they believe that an entity or an individual caused them to sustain an injury through fault.
Employees may wish to work directly with an Indiana construction accident lawyer to pursue a claim against a third party. Other individuals who could be held responsible for the accident include:
- Prime contractors
- Construction site owners
A construction accident attorney in Indiana is the most important person you can retain immediately after an injury. They will guide you through the legal process of seeking compensation for your financial, psychological, and physical pain. The sudden trauma of a permanent injury, combined with extensive medical bills and a change in lifestyle can be overwhelming – negatively impacting you as well as your family. This is why it is so important to retain an attorney who will work hard on your behalf from the moment that you retain him or her.
Frequently Asked Questions About Construction injuries
The law in Indiana requires employers to carry workers’ compensation insurance. You may need to contact the Indiana workers’ compensation board directly to verify whether or not the employer has insurance. You may have grounds for a separate legal claim in the event that you sustain an injury on the job and they did not have appropriate insurance.
All threats or actions taken against you in retaliation for your plans to file or actually filing a workers’ compensation claim in Indiana should be reported to the Indiana Workers’ Compensation Board. Employers are prohibited from retaliating against you. This includes demoting you, firing you or refusing you promotion opportunities because you have filed a workers’ compensation claim.
You are entitled to payment for a permanent partial disability if a doctor certifies this status, payment of medical expenses to the providers chosen by your employer or their insurance carrier, and reimbursement of some out of pocket expenses, including lost wages. These are paid at an average weekly rate of two-thirds of what you were receiving prior to the injury for as long as you are told that you are unable to work by your doctor. Be sure to make sure that your doctor has been authorized by the workers’ compensation insurance company.
Under the current Indiana laws, you cannot collect worker’s compensation benefits for pain and suffering. You would need to initiate a legal action against your employer or any other responsible party. If you do collect workers’ compensation, however, you forego the right to sue your employer. In Indiana, you cannot sue your employer for reckless or intentional bad actions but you may be eligible to sue a third party. Consulting with an Indiana construction accident attorney is imperative if you find yourself in this situation.